[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 17 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                 H. R. 17

To amend the Fair Labor Standards Act of 1938 to provide more effective 
 remedies to victims of discrimination in the payment of wages on the 
                 basis of sex, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2025

  Ms. DeLauro (for herself, Mr. Figures, Ms. Sewell, Ms. Ansari, Mr. 
Stanton, Mr. Huffman, Mr. Thompson of California, Mr. Bera, Ms. Matsui, 
 Mr. Garamendi, Mr. Harder of California, Mr. DeSaulnier, Ms. Pelosi, 
   Ms. Simon, Mr. Gray, Mr. Swalwell, Mr. Mullin, Mr. Liccardo, Mr. 
 Khanna, Ms. Lofgren, Mr. Panetta, Mr. Costa, Mr. Carbajal, Mr. Ruiz, 
  Ms. Brownley, Mr. Whitesides, Ms. Chu, Ms. Rivas, Ms. Friedman, Mr. 
     Cisneros, Mr. Sherman, Mr. Aguilar, Mr. Gomez, Mrs. Torres of 
 California, Mr. Lieu, Ms. Kamlager-Dove, Ms. Sanchez, Mr. Takano, Mr. 
 Garcia of California, Ms. Waters, Ms. Barragan, Mr. Tran, Mr. Correa, 
 Mr. Min, Mr. Levin, Mr. Peters, Ms. Jacobs, Mr. Vargas, Ms. DeGette, 
  Mr. Neguse, Mr. Crow, Ms. Pettersen, Mr. Larson of Connecticut, Mr. 
Courtney, Mr. Himes, Mrs. Hayes, Ms. Norton, Ms. McBride, Mr. Soto, Mr. 
   Frost, Ms. Castor of Florida, Mrs. Cherfilus-McCormick, Ms. Lois 
Frankel of Florida, Mr. Moskowitz, Ms. Wilson of Florida, Ms. Wasserman 
 Schultz, Mr. Bishop, Mr. Johnson of Georgia, Ms. Williams of Georgia, 
  Mrs. McBath, Mr. David Scott of Georgia, Mr. Case, Ms. Tokuda, Mr. 
Jackson of Illinois, Ms. Kelly of Illinois, Mrs. Ramirez, Mr. Garcia of 
     Illinois, Mr. Quigley, Mr. Casten, Mr. Davis of Illinois, Mr. 
    Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Ms. 
  Budzinski, Ms. Underwood, Mr. Sorensen, Mr. Mrvan, Mr. Carson, Ms. 
 Davids of Kansas, Mr. McGarvey, Mr. Carter of Louisiana, Mr. Fields, 
  Mr. Neal, Mr. McGovern, Mrs. Trahan, Mr. Auchincloss, Ms. Clark of 
 Massachusetts, Mr. Moulton, Ms. Pressley, Mr. Lynch, Mr. Keating, Mr. 
Olszewski, Ms. Elfreth, Mr. Ivey, Mr. Hoyer, Mrs. McClain Delaney, Mr. 
Mfume, Mr. Raskin, Ms. Pingree, Mr. Golden of Maine, Ms. Scholten, Mrs. 
Dingell, Ms. McDonald Rivet, Ms. Stevens, Ms. Tlaib, Mr. Thanedar, Ms. 
Craig, Ms. Morrison, Ms. McCollum, Ms. Omar, Mr. Bell, Mr. Cleaver, Mr. 
 Thompson of Mississippi, Mr. Davis of North Carolina, Ms. Ross, Mrs. 
   Foushee, Ms. Adams, Mr. Pappas, Ms. Goodlander, Mr. Norcross, Mr. 
   Conaway, Mr. Gottheimer, Mr. Pallone, Mr. Menendez, Ms. Pou, Mrs. 
McIver, Ms. Sherrill, Mrs. Watson Coleman, Ms. Stansbury, Mr. Vasquez, 
 Ms. Leger Fernandez, Ms. Titus, Ms. Lee of Nevada, Mr. Horsford, Mr. 
 Suozzi, Ms. Gillen, Mr. Meeks, Ms. Meng, Ms. Velazquez, Mr. Jeffries, 
   Ms. Clarke of New York, Mr. Goldman of New York, Mr. Nadler, Mr. 
Espaillat, Ms. Ocasio-Cortez, Mr. Torres of New York, Mr. Latimer, Mr. 
 Ryan, Mr. Riley of New York, Mr. Tonko, Mr. Mannion, Mr. Morelle, Mr. 
Kennedy of New York, Mr. Landsman, Mrs. Beatty, Ms. Kaptur, Ms. Brown, 
 Mrs. Sykes, Ms. Bonamici, Ms. Dexter, Ms. Hoyle of Oregon, Ms. Bynum, 
 Ms. Salinas, Mr. Fitzpatrick, Mr. Boyle of Pennsylvania, Mr. Evans of 
Pennsylvania, Ms. Dean of Pennsylvania, Ms. Scanlon, Ms. Houlahan, Ms. 
     Lee of Pennsylvania, Mr. Deluzio, Mr. Hernandez, Mr. Amo, Mr. 
 Magaziner, Mr. Clyburn, Mr. Cohen, Mrs. Fletcher, Mr. Green of Texas, 
Ms. Escobar, Mr. Castro of Texas, Mr. Cuellar, Ms. Garcia of Texas, Ms. 
  Crockett, Ms. Johnson of Texas, Mr. Veasey, Mr. Vicente Gonzalez of 
 Texas, Mr. Casar, Mr. Doggett, Mr. Scott of Virginia, Ms. McClellan, 
 Mr. Vindman, Mr. Beyer, Mr. Subramanyam, Mr. Connolly, Ms. Plaskett, 
   Ms. Balint, Ms. DelBene, Mr. Larsen of Washington, Ms. Perez, Ms. 
    Randall, Ms. Jayapal, Ms. Schrier, Mr. Smith of Washington, Ms. 
   Strickland, Mr. Pocan, and Ms. Moore of Wisconsin) introduced the 
 following bill; which was referred to the Committee on Education and 
Workforce, and in addition to the Committee on Oversight and Government 
 Reform, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to provide more effective 
 remedies to victims of discrimination in the payment of wages on the 
                 basis of sex, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paycheck Fairness Act''.

SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

    (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the following:
    ``(z) `Sex' includes--
            ``(1) pregnancy, childbirth, or a related medical 
        condition;
            ``(2) sexual orientation or gender identity; and
            ``(3) sex characteristics, including intersex traits.
    ``(aa) `Sexual orientation' includes homosexuality, 
heterosexuality, and bisexuality.
    ``(bb) `Gender identity' means the gender-related identity, 
appearance, mannerisms, or other gender-related characteristics of an 
individual, regardless of the individual's designated sex at birth.''.
    (b) Bona Fide Factor Defense and Modification of Same Establishment 
Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206(d)(1)) is amended--
            (1) by striking ``No employer having'' and inserting ``(A) 
        No employer having'';
            (2) by striking ``the opposite'' and inserting ``another'';
            (3) by striking ``any other factor other than sex'' and 
        inserting ``a bona fide factor other than sex, such as 
        education, training, or experience''; and
            (4) by adding at the end the following:
    ``(B) The bona fide factor defense described in subparagraph 
(A)(iv) shall apply only if the employer demonstrates that such factor 
(i) is not based upon or derived from a sex-based differential in 
compensation; (ii) is job-related with respect to the position in 
question; (iii) is consistent with business necessity; and (iv) 
accounts for the entire differential in compensation at issue. Such 
defense shall not apply where the employee demonstrates that an 
alternative employment practice exists that would serve the same 
business purpose without producing such differential and that the 
employer has refused to adopt such alternative practice.
    ``(C) For purposes of subparagraph (A), employees shall be deemed 
to work in the same establishment if the employees work for the same 
employer at workplaces located in the same county or similar political 
subdivision of a State. The preceding sentence shall not be construed 
as limiting broader applications of the term `establishment' consistent 
with rules prescribed or guidance issued by the Equal Employment 
Opportunity Commission.''.
    (c) Nonretaliation Provision.--Section 15 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``employee has 
                filed'' and all that follows and inserting ``employee--
                    ``(A) has made a charge or filed any complaint or 
                instituted or caused to be instituted any 
                investigation, proceeding, hearing, or action under or 
                related to this Act, including an investigation 
                conducted by the employer, or has testified or is 
                planning to testify or has assisted or participated in 
                any manner in any such investigation, proceeding, 
                hearing or action, or has served or is planning to 
                serve on an industry committee;
                    ``(B) has opposed any practice made unlawful by 
                this Act; or
                    ``(C) has inquired about, discussed, or disclosed 
                the wages of the employee or another employee (such as 
                by inquiring or discussing with the employer why the 
                wages of the employee involved are set at a certain 
                rate or salary);'';
                    (B) in paragraph (5), by striking ``and'' at the 
                end;
                    (C) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(7) to require an employee to sign a contract or waiver 
        that would prohibit the employee from disclosing information 
        about the employee's wages.''; and
            (2) by adding at the end the following:
    ``(c) Subsection (a)(3)(C) shall not apply to instances in which an 
employee who has access to the wage information of other employees as a 
part of such employee's essential job functions discloses the wages of 
such other employees to individuals who do not otherwise have access to 
such information, unless such disclosure is in response to a complaint 
or charge or in furtherance of an investigation, proceeding, hearing, 
or action under section 6(d), including an investigation conducted by 
the employer. Nothing in this subsection shall be construed to limit 
the rights of an employee provided under any other provision of law.''.
    (d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(b)) is amended--
            (1) by inserting after the first sentence the following: 
        ``Any employer who violates section 6(d), or who violates the 
        provisions of section 15(a)(3) in relation to section 6(d), 
        shall additionally be liable for such compensatory damages, or, 
        if the employee demonstrates that the employer acted with 
        malice or reckless indifference, punitive damages as may be 
        appropriate, except that the United States shall not be liable 
        for punitive damages.'';
            (2) in the sentence beginning ``An action to'', by striking 
        ``the preceding sentences'' and inserting ``any of the 
        preceding sentences of this subsection'';
            (3) in the sentence beginning ``No employees shall'', by 
        striking ``No employees'' and inserting ``Except with respect 
        to class actions brought to enforce section 6(d), no 
        employee'';
            (4) by inserting after the sentence referred to in 
        paragraph (3), the following: ``Notwithstanding any other 
        provision of Federal law, any action brought to enforce section 
        6(d) may be maintained as a class action as provided by the 
        Federal Rules of Civil Procedure.''; and
            (5) in the sentence beginning ``The court in''--
                    (A) by striking ``in such action'' and inserting 
                ``in any action brought to recover the liability 
                prescribed in any of the preceding sentences of this 
                subsection''; and
                    (B) by inserting ``, including expert fees'' before 
                the period.
    (e) Action by the Secretary.--Section 16(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(c)) is amended--
            (1) in the first sentence--
                    (A) by inserting ``or, in the case of a violation 
                of section 6(d), additional compensatory or punitive 
                damages, as described in subsection (b),'' before ``and 
                the agreement''; and
                    (B) by inserting before the period the following: 
                ``, or such compensatory or punitive damages, as 
                appropriate'';
            (2) in the second sentence, by inserting before the period 
        the following: ``and, in the case of a violation of section 
        6(d), additional compensatory or punitive damages, as described 
        in subsection (b)''; and
            (3) in the third sentence, by striking ``the first 
        sentence'' and inserting ``the first or second sentence''.
    (f) Enforcement Authority.--
            (1) In general.--The Equal Opportunity Employment 
        Commission shall carry out the functions and authorities 
        described in section 1 of Reorganization Plan No. 1 of 1978 (92 
        Stat. 3781; 5 U.S.C. App.) to enforce and administer the 
        provisions of section 6(d) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 206(d)), except that the Secretary of Labor, 
        through the Office of Federal Contract Compliance Programs, may 
        also enforce this provision with respect to Federal 
        contractors, Federal subcontractors, and federally assisted 
        construction contractors, within the jurisdiction of the Office 
        of Federal Contract Compliance Programs under Executive Order 
        No. 11246 (42 U.S.C. 2000e note; relating to equal employment 
        opportunity) or a successor Executive order.
            (2) Coordination.--The Equal Opportunity Employment 
        Commission shall issue such regulations as may be necessary to 
        explain and implement the standards of such section 6(d). The 
        Secretary of Labor may issue regulations to govern procedures 
        for enforcement of section 6(d) by the Office of Federal 
        Contract Compliance Programs. The Secretary of Labor and the 
        Equal Employment Opportunity Commission shall establish other 
        coordinating mechanisms as may be necessary.

SEC. 3. TRAINING.

    The Equal Employment Opportunity Commission and the Secretary of 
Labor, acting through the Office of Federal Contract Compliance 
Programs, subject to the availability of funds appropriated under 
section 11, shall provide training to employees of the Commission and 
the Office of Federal Contract Compliance Programs and to affected 
individuals and entities on matters involving discrimination in the 
payment of wages.

SEC. 4. NEGOTIATION SKILLS TRAINING.

    (a) Negotiation Bias Training.--
            (1) In general.--The Secretary of Labor shall establish a 
        program to award contracts and grants for the purpose of 
        training employers about the role that salary negotiation and 
        other inconsistent wage setting practices can have on allowing 
        bias to enter compensation.
            (2) Training topics.--Each training program established 
        using funds under section (a) shall include an overview of how 
        structural issues may cause inequitable earning and advancement 
        opportunities for women and people of color and assist 
        employers in examining the impact of a range of practices on 
        such opportunities, including--
                    (A) self-auditing to identify structural issues 
                that allow bias and inequity to enter compensation;
                    (B) recruitment of candidates to ensure diverse 
                pools of applicants;
                    (C) salary negotiations that result in similarly 
                qualified workers entering at different rates of pay;
                    (D) internal equity among workers with similar 
                skills, effort, responsibility and working conditions;
                    (E) consistent use of market rates and incentives 
                driven by industry competitiveness;
                    (F) evaluation of the rate of employee progress and 
                advancement to higher paid positions;
                    (G) work assignments that result in greater 
                opportunity for advancement;
                    (H) training, development and promotion 
                opportunities;
                    (I) impact of mid-level or senior level hiring in 
                comparison to wage rates of incumbent workers;
                    (J) opportunities to win commissions and bonuses;
                    (K) performance reviews and raises;
                    (L) processes for adjusting pay to address 
                inconsistency and inequity in compensation; and
                    (M) other topics that research identifies as a 
                common area for assumptions, bias and inequity to 
                impact compensation.
    (b) Program Authorized.--
            (1) In general.--The Secretary of Labor, after consultation 
        with the Secretary of Education, is authorized to establish and 
        carry out a grant program.
            (2) Grants.--In carrying out the program, the Secretary of 
        Labor may make grants on a competitive basis to eligible 
        entities to carry out negotiation skills training programs for 
        the purposes of addressing pay disparities, including through 
        outreach to women and girls.
            (3) Eligible entities.--To be eligible to receive a grant 
        under this subsection, an entity shall be a public agency, such 
        as a State, a local government in a metropolitan statistical 
        area (as defined by the Office of Management and Budget), a 
        State educational agency, or a local educational agency, a 
        private nonprofit organization, or a community-based 
        organization.
            (4) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Secretary of Labor at such time, in such manner, and containing 
        such information as the Secretary of Labor may require.
            (5) Use of funds.--An entity that receives a grant under 
        this subsection shall use the funds made available through the 
        grant to carry out an effective negotiation skills training 
        program for the purposes described in paragraph (2).
    (c) Incorporating Training Into Existing Programs.--The Secretary 
of Labor and the Secretary of Education shall issue regulations or 
policy guidance that provides for integrating the negotiation skills 
training, to the extent practicable, into programs authorized under--
            (1) in the case of the Secretary of Education, the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.), the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act 
        of 1965 (20 U.S.C. 1001 et seq.), and other programs carried 
        out by the Department of Education that the Secretary of 
        Education determines to be appropriate; and
            (2) in the case of the Secretary of Labor, the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and 
        other programs carried out by the Department of Labor that the 
        Secretary of Labor determines to be appropriate.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, and annually thereafter, the Secretary of Labor, in 
consultation with the Secretary of Education, shall prepare and submit 
to Congress a report describing the activities conducted under this 
section and evaluating the effectiveness of such activities in 
achieving the purposes of this section.

SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, and periodically thereafter, the Secretary of 
Labor shall conduct studies and provide information to employers, labor 
organizations, and the general public concerning the means available to